Being the executor (also known as personal representative) of a loved one’s estate after they’ve passed away can feel like an overwhelming responsibility. Most people take that responsibility very seriously and want to ensure that they fully carry out the deceased’s wishes.
It can also feel like a thankless job where no one is happy with the way you’re handling things, even if they know nothing about the process. Their unhappiness may be with the deceased, but it’s easier to take it out on the person who’s administering their estate.
If you’re the executor of a loved one’s estate, don’t assume your family will understand you’re doing the best you can – especially if there are considerable assets or complicated family dynamics involved. Estate battles have ripped apart many families.
It can be highly distressing if one or more beneficiaries is threatening to file a petition with the court to have you removed as executor – especially if your loved one chose you because they felt you were best equipped to handle the job.
What does California law say?
It may be reassuring to know that under California law, there are limited and specific circumstances under which an executor can be removed. As long as they meet the legal requirements (like being a U.S. resident who’s at least 18), a probate court can’t remove them unless they’ve committed a serious breach of their fiduciary duties – specifically if one or more of the following has occurred:
- They have “wasted, embezzled, mismanaged, or committed a fraud on the estate.”
- They have “wrongfully neglected the estate” or “long neglected to perform any act as personal representative.”
- Their removal has become necessary for “protection of the estate or interested persons.”
Of course, an executor can choose to step down from the position. If the deceased didn’t name a contingent (alternate) executor, the court will appoint one.
An executor can and is wise to get experienced legal guidance when administering an estate – particularly if there are significant and/or complex assets or numerous and possibly difficult beneficiaries. This can help reduce threats of removal and help ensure that the process goes more smoothly and according to the law.